It is important that you have a current Will, regardless of how simple or complex your circumstances.
A Will enable you to control how your property, investments and possessions are distributed after your death. Without a Will, your property and assets will be divided according to what the law says and not your wishes. This could have disastrous consequences for your surviving spouse, cohabitee, or children.
Our specialist solicitors can guide you through the process of making or updating a Will. We can meet with you to discuss your situation and create a Will suitable for your own personal circumstances. We can advise you on sensitive issues such as appointing guardians for young children or providing for children from a previous relationship.
We can also consider if there are opportunities to save inheritance tax or protect assets from the impact of possible long term care costs.
Living Wills
A living Will or advance directive is a document which sets out your views about the medical treatment or care you would like to receive if you were to find yourself in a situation where you could not communicate your wishes about these matters e.g. as a result of a degenerative illness, terminal illness or accident. If you have strong views about the healthcare, you would wish to receive in this situation it is advisable to prepare a living Will or advance directive to make clear your views on what you would like to happen in those circumstances. The document can then be lodged with your solicitors, a copy given to your doctor and to your close family/friends so that they are aware of your wishes. We can prepare such documents for you.
As with any legal document, it is important that you review it regularly and keep it up to date as your circumstances or views may change.
Registration of Wills and Searching for Wills
If you make a Will but it cannot be found after you have died then your estate will be distributed under the laws of intestacy, which will not necessarily reflect your wishes. You can help protect the interests of your beneficiaries by having your Will registered with Certainty.
Certainty is national Wills register and Will search service. Druitts are members of Certainty and therefore when you make a Will we can, with your permission, register details of it on your behalf. The Certainty Register does not hold a copy of your Will. It records that you have made a Will, gives details of the date of the Will, the names and addresses of your Executors and where the Will is stored.
Following your death, if your family or beneficiaries are unaware of where your original Will is held then they can carry out a search through Certainty which Will put them in contact with us.
The Certainty Will search service can also be used to trace a missing Will, which you need to locate in order to deal with the estate of someone you know who has died. Further information about Certainty can be found on their website.
We would be happy to discuss any aspect of your Will please contact one of our specialist lawyers by email or telephone them on 01202 551 863.
Frequently Asked Questions
An executor is an individual you appoint to administer your Will. They will need to manage the entire process of assessing your estate, paying any creditors, collecting in any debts you are owed, applying for probate, and distributing your in accordance with your Will.
Yes, you can. This is a popular choice with people who do not think their relatives or friends should take on the pressure of the legal and financial responsibilities involved in being an executor.
The original Will is an important document and the only one which can be used on your death. Photocopies and Scans are not acceptable. Therefore, you should keep your Will somewhere safe, that is easily accessible. It is important that you let your loved ones know where it is kept as without it your estate will divide up following the laws on intestacy rather than your wishes.
A significant change in your circumstances such as a marriage or divorce will affect the validity of any Will you have previously made. If you marry or enter a civil partnership after the date a Will is made, that Will automatically becomes invalid (unless the Will was specifically worded to accommodate the upcoming marriage). If you get divorced or dissolve a civil partnership, your Will may still be valid, but your former spouse or civil partner will no longer be entitled to act as your executor or inherit from your estate. You should always update your Will when you have a change of personal circumstances to ensure it is still legal.
You should check your Will every 5 years ideally, you may not make any changes but you should check it still reflects your wishes. You should always update your Will when you have a change of personal circumstances to ensure it is still legal.
You can, however sometimes they make create problems than they solve. You may wish to update the Will, but this cannot be done following the death of one of the individuals. They are particularly useful if both parties die together.
A mirror Will can represent the shared wishes of a couple and each Will mirror each other. E.g. on the death of the first party everything goes to the other, then upon the second death onto their children or other parties.
Teresa Williamson
Lawyer ( FCILEx )
Teresa specialises in wills, probate, trusts, administration of estates and lasting powers of attorney. Teresa is also experienced in all areas of family law.
Teresa Specialises In:
Laura Neerunjun
Private Client Executive ACILEx
Laura is passionate about her chosen area of work in the Private Client Department and about providing an exemplary service to her clients. Laura provides practical and clear advice to her clients in a friendly and approachable way.
Laura Specialises In:
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